Reza and Connie M. Rezazadeh - Page 11

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          the corporation to petitioner also became worthless.  At that               
          time, it was clear that the debt to petitioner would never be               
          repaid.  Petitioner argues that the debt became worthless in 1989           
          when the Florida attorney informed him that the judgment was not            
          collectible because of lack of assets held by the judgment                  
          debtors.  However, petitioner did not present any evidence to               
          demonstrate what circumstances, if any, existed between 1985 and            
          1989 to suggest that there was any chance of recovering the                 
          judgment.  Accordingly, the Court holds that the debt of                    
          $122,682.75 owed to petitioner became worthless in 1985.                    
               The second question is whether the indebtedness to                     
          petitioner was a business or a nonbusiness indebtedness.  Section           
          166 distinguishes between business bad debts and nonbusiness bad            
          debts.  Sec. 166(d); sec. 1.166-5(b), Income Tax Regs.  Business            
          bad debts may be deducted against ordinary income and are                   
          deductible whether such debts become wholly or partially                    
          worthless during the year.  Nonbusiness bad debts may be deducted           
          only as short-term capital losses and only if the debts become              
          wholly worthless in the year claimed.  Sec. 166(d).  A bad debt             
          is characterized as business rather than nonbusiness if the debt            
          bears a proximate relationship to the taxpayer's trade or                   
          business.  Sec. 1.166-5(b), Income Tax Regs.  In determining                
          whether such relationship exists, the proper measure is the                 







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